Tag: arbitration

What constitutes breaking point while applying for appointment of arbitration...Supreme Court

What constitutes breaking point while applying for appointment of arbitrator?…Supreme Court

Saturday May 27, 2023. BY Aaushi Shah Doshi and Neeli Sandesara | Arbitration and Conciliation

Introduction In the recent judgment of M/s. B and T AG vs. Ministry of Defence[1],the Supreme Court (“the SC”) while discussing on issues of limitation for filing of application under S.11 (“the Application”)of the Arbitration

quantum of interest in a contract

In absence of an explicit clause on quantum of interest in a contract, compound interest cannot be awarded: Delhi High Court

Monday March 27, 2023. BY Arbitration Team | Arbitration and Conciliation

In the case of M/s. Modi Construction Company vs. Ircon International Limited[1], the Hon’ble High Court of Delhi (“the Court”) while dealing with appeal filed under Section 34 of the Arbitration and Conciliation Act, 1996

Assignee can invoke arbitration clause Bombay High Court

Assignee, having stepped into the shoes of the assignor, can invoke arbitration clause: Bombay High Court.

Thursday March 9, 2023. BY Aaushi Doshi | Arbitration and Conciliation

In a recent order,in the matter of M/s. Siemens Factoring Private Limited v. Future Enterprises Private Limited[1]the Hon’ble Bombay High Court (“the Court”) held that an assignee, though not a party but having stepped into

Arbitrators fees Under The Fourth Schedule Of A and C Act

Supreme Court Clarifies The Law On Payment Of Fees To Arbitrators

Wednesday March 1, 2023. BY Arbitration Team | Arbitration and Conciliation

The Hon’ble Supreme Court (the SC) in Oil and Natural Gas Corporation Ltd. vs. Afcons Gunanusa JV[1] settled law on applicability of the Fourth Schedule (“the Schedule”) of the Arbitration and Conciliation Act, 1996 (“the

Delhi High Court reiterates its findings on what constitutes non est filing for the purposes of calculating period of limitation.

Wednesday February 8, 2023. BY Aaushi Doshi and Neeli Sandesara | Arbitration and Conciliation

Introduction The High Court of Delhi, in a recent judgement re-iterated the concept of non-est filing in Ambrosia Corner House Private Limited V. Hangro S Foods1. The Court laid out instances that would constitute non-est

PENDENCY OF PROCEEDINGS UNDER SECTION 17 OF THE SARFAESI ACT DOES NOT BAR INITIATION OF ARBITRATION PROCEEDINGS STATES DELHI HC

Wednesday December 7, 2022. BY Aaushi Doshi | Arbitration and Conciliation

In a recent judgment1 the High Court of Delhi, in a Section 11 Petition, held that the initiation of the arbitration proceedings cannot be barred merely because the Petitioner has taken steps for recovery/possession of

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